New Legislation Aims to Curb Agency Guidance Enforcement,www.govinfo.gov


New Legislation Aims to Curb Agency Guidance Enforcement

Washington D.C. – A new bill, H.R. 4460, titled the “Stop Agency Fiat Enforcement of Guidance Act,” has been introduced, aiming to address concerns regarding the enforcement of guidance documents by federal agencies. The bill, published by GovInfo.gov on July 19, 2025, seeks to establish new procedures and limitations on how agencies can utilize non-binding guidance to regulate individuals and businesses.

At its core, the legislation proposes to enhance transparency and accountability in the administrative process. Proponents of the bill argue that federal agencies have increasingly relied on guidance documents – such as policy statements, manual provisions, and interpretive rules – to implement and enforce regulations without undergoing the formal rulemaking process. This, they contend, can lead to uncertainty and a lack of due process for those affected by these directives.

The “Stop Agency Fiat Enforcement of Guidance Act” is intended to provide a clearer framework for the use of agency guidance. While the exact provisions of the bill will be subject to legislative debate and potential amendment, the general thrust appears to be focused on ensuring that guidance documents do not carry the force of law in the same manner as formally promulgated regulations.

Key aspects of the proposed legislation are expected to include measures that would:

  • Require greater transparency: Agencies might be mandated to clearly identify guidance documents and make them readily accessible to the public.
  • Limit the enforcement of guidance: The bill could introduce restrictions on how agencies can enforce provisions found solely within guidance documents, potentially requiring agencies to first go through the formal notice-and-comment rulemaking process for any new regulatory requirements.
  • Provide avenues for challenge: Mechanisms might be established to allow individuals or entities to challenge the application of guidance documents in certain circumstances.

The introduction of H.R. 4460 signifies a growing congressional interest in the balance between agency discretion and the established procedures for creating and enforcing federal rules. Supporters of the bill believe it will foster a more predictable and equitable regulatory environment, allowing businesses and citizens to better understand and comply with federal requirements.

As the legislative process unfolds, H.R. 4460 will likely be the subject of considerable discussion among lawmakers, agency officials, and stakeholders across various sectors. The bill’s journey through Congress will be closely watched for its potential impact on the administrative state and the way federal agencies operate.


H.R. 4460 (IH) – Stop Agency Fiat Enforcement of Guidance Act


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www.govinfo.gov published ‘H.R. 4460 (IH) – Stop Agency Fiat Enforcement of Guidance Act’ at 2025-07-19 06:47. Please write a detailed article about this news in a polite tone with relevant information. Please reply in English with the article only.

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